Violating the provisions of Utah Code Title 32A is a criminal offense and may result in criminal prosecution. Unless otherwise stated in Title 32A, the criminal offense is considered a class B misdemeanor.

Class A misdemeanor = 12 months jail & $2,500 fine

Class B misdemeanor = 6 months jail & $1,000 fine

Class C misdemeanor = 3 months jail & $750 fine

Assume the criminal offenses in this course are class B misdemeanors unless otherwise stated.

The term “criminal offense” in this course means a violation of Title 32A.

Additional Penalties

In addition to the misdemeanor charge, a person or corporation found guilty of violating Utah Code Title 32A is subject to the following…

– A defendant may have to pay restitution or court costs.

– A corporation may have it’s corporate charter revoked or suspended.

– Any business entity may have it’s municipal or county business license revoked for 1 year.

– A medical doctor, dentist, pharmacist, veterinarian,  may have his license to practice medicine revoked.

Criminal Responsibility for the Conduct of Another Person

As we previously stated in the course, Utah has extremely strict laws with regard to the distribution of alcohol.

In Utah, an employer is held equally responsible and liable for a criminal offense committed by one of his employees, even though he himself did not commit the criminal offense.

If a corporation commits a criminal offense, it’s shareholders are personally liable.

Collectively, the laws in Utah that make the servers and establishment liable for injury caused to a third party are known as “Dram Shop Laws”.

Unlawful to Furnish Alcohol

A person may not sell, ship, or transport alcohol without obtaining the proper license to do so from the Utah Dept. of Alcoholic Beverage Control.

Sale or Furnishing to Minors

Title 32A defines a minor as a person under the age of 21.

A person may not sell, offer to sell, or furnish alcohol to a minor. If done so negligently, it is considered a class B misdemeanor. If done so intentionally, it is considered a class A misdemeanor.

There are certain circumstances in which a minor may be furnished alcohol. These are:

– For medicinal purposes by the minor’s doctor or parent.

– As part of a religious service.

Sale or Furnishing to Intoxicated or Interdicted Persons

A person may not sell, offer to sell, or furnish alcohol to an intoxicated or interdicted person. If done so negligently, it is considered a class B misdemeanor. If done so intentionally, it is considered a class A misdemeanor.

A person who is intoxicated may not himself purchase alcohol.

A person may not permit another person to become intoxicated, or permit an intoxicated person to consume alcohol. If done so it is considered a class C misdemeanor.

Unlawful Sale of Beer Size

A person may not sell, offer to sell, or furnish beer to the general public in containers larger than 2 liters.

Unlawful Sale During Emergency Situation

A person may not sell, offer to sell, or furnish alcohol in a geographic area declared to be in a state of emergency by the Governor.

Unlawful to Bring Alcohol onto a Premises

A person may not bring their own alcohol onto the premises of a restaurant, club, airport lounge, banquet hall, beer retailer, resort, or an event where alcohol is being served.

Exceptions:

There are certain circumstances where a person may bring their own alcohol to consume on-premises. This is known as “brown bagging”.

– A person may bring bottled wine onto the premises of a restaurant.

– A person may bring alcohol into a limousine when riding in the rear passenger compartment (separated by a partition from the driver) if picked up at their home/hotel and not dropped off at a private vehicle.

– A person may bring alcohol to a private social function not open to the public.

Consuming Alcohol in a Public Place

A person may not consume alcohol in a public building, park, or stadium. If done so it is considered a class C misdemeanor.

Unlawful Dispensing

The holder of a liquor license may not…

– Permit customers in his establishment to have more than one alcoholic drink at a time.

– Dispense more than 1.5oz of primary alcohol in a single drink and 2.5oz of total alcohol in a single drink, except for wine which may be sold in 5oz glasses.

Unlawful Acts by a Minor

Minors themselves may be prosecuted under Utah Code Title 32A for engaging in criminal offenses.

It is unlawful for minors to:

– Purchase, attempt to purchase, posses, solicit another person to purchase, or consume alcoholic beverages.

– Misrepresent his age, or use a fake ID to acquire alcoholic beverages.

– Have any measurable blood, breath, or urine alcohol concentration.

– Gain access to an alcohol serving establishment. A minor who does so is guilty of a class C misdemeanor.

Operating a Motor Vehicle

It is illegal to operate a motor vehicle with a BAC of .05 or higher. Even if a person is not drinking, they may not have an open container of alcohol inside the passenger compartment of a vehicle.

Transportation of Alcohol

A person may not transport or cause to be transported any alcohol from another state into Utah, unless authorized to do so by the Dept. of Alcoholic Beverage Control. Authorization must be obtained and all appropriate taxes paid before the alcohol is transported into Utah.

The law does not prohibit alcohol to be exported from Utah to another state.

Promotion of Alcoholic Products

Representatives of commercial alcohol manufacturers may not give alcohol to consumers free of charge, except for sampling or testing purposes.

Retailers may not advertise or require the purchase of alcohol by consumers in order for the consumers to purchase in a promotion or sweepstakes.

Retailers and representatives of commercial alcohol manufacturers may not underwrite an athletic, theatrical, scholastic, artistic, or scientific event that promotes their alcoholic products, nor may their alcoholic products be offered at such an event free of charge.